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High Court of Punjab and HaryanaCRM-M/49035/2025allowed

Gurtej Singh & ORS. v. State Of Punjab

2026-02-11Mr. Justice Sumeet Goel3 pages

CRM-M No.49035 of 2025 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M No.49035 of 2025 Date of decision : 11.2.2026 Date of uploading : 11.2.2026 Gurtej Singh and others .............Petitioners

Versus

State of Punjab .......Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Gautam Dutt, Senior Advocate with Mr. JPS Sidhu, Advocate, for the petitioners Mr. Jastej Singh, Addl. AG, Punjab --- SUMEET GOEL, J. (ORAL) 1.

On 3.9.2025, the following order was passed:

'Present petition has been filed under Section 482 of BNSS for grant of anticipatory bail to the petitioner in FIR No.199 dated 12.08.2025 under Sections 132, 304, 351(2) of BNS (Section 238 BNS added later on), registered at Police Station Tripuri, District Patiala. Learned counsel for the petitioner has contended that earlier the petitioners were granted interim bail by learned Additional Sessions Judge, Patiala vide order dated 25.08.2025. Even after subsequent addition of offence under Section 238 of BNS during the course of the investigation, the petitioners were granted the benefit of anticipatory bail even under Section 238 of BNS. The bail application of the petitioners was dismissed on the ground that they had not cooperated during investigation and had not complied with order dated 25.08.2025 passed by said Court.

He further argued that the Gram Panchayat Baran had applied for cheque book of GP Baran to pay salary to employees and to do some other development works, but complainant in a clandestine manner without consent of Sarpanch and members had wrongly received said cheque book of Gram Panchayat Baran from HDFC Bank, Patiala.

CRM-M No.49035 of 2025 -2without consent of GP Baran went to said bank for the purpose of transfer of FD amount in account of GP Nawan Baran along with supporters of local MLA. One Vikrant also accompanied the complainant to HDFC Bank and complainant disclosed that the cheque book had been handed over by her to Vikrant, who was a private person. When petitioners objected to the same then Bank Manager assured them to look into the matter. Thereafter, the petitioners were falsely implicated in the present case to put pressure upon them, not to oppose transfer of FD amount against interests of GP Baran. He submitted that no scuffle had taken place at the bank as alleged by the complainant and the petitioners did not snatch cheque book from hands of Vikrant and false story has been concocted by the complainant. He further submitted that the petitioners are ready and willing to join the investigation and their custodial interrogation is not required.

Notice of motion.

Mr. Jastej Singh, Addl. A.G., Punjab accepts notice on behalf of the respondent-State and seeks time to file status report. List on 13.11.2025.

Meanwhile, the petitioners shall join the investigation and would come present as and when called for and in the event of arrest, the petitioners shall be released on interim bail on their furnishing personal and surety bonds to the satisfaction of Arresting/ Investigating Officer. The petitioners shall also abide by the conditions as specified under Section 482(2) BNSS.'

2.

Learned State counsel has filed status report by way of affidavit of Jangjit Singh, PPS, Deputy Superintendent of Police, Circle City-2, Patiala, District Patiala in Court today. The same be kept on record. Copy thereof has been furnished to learned counsel for the petitioners. Learned State counsel, raising submissions in tandem with the said status report has submitted that pursuant to the order dated 3.9.2025, the petitioners have joined investigation but not cooperating therein. Learned counsel has further submitted that recovery of cheque book in question, a mobile

CRM-M No.49035 of 2025 -3phone and whereabouts of co-accused is yet to be ascertained and thus, the petition in hand deserves to be dismissed. 3.

Having heard learned counsel for the parties and upon perusal of the record, especially keeping in view the factum that the petitioners have joined investigation and their custodial interrogation is sought for only for recovery of certain articles/finding about whereabouts of coaccused; this Court is inclined to confirm the order dated 3.9.2025. 4.

In view of the above, the instant petition is allowed. The interim order dated 3.9.2025, passed by this Court is hereby confirmed, subject to the conditions as enumerated under Section 482(2) of BNSS. 5.

This order should not be treated as "blanket" order. It will not be read granting petitioners indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 6.

Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioners violates any condition stipulated under Section 482(2) of BNSS or upon showing any other sufficient cause.

7.

Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. (SUMEET GOEL) JUDGE 11.02.2026 Ashwanii Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No